Suchergebnisse

"Is there a real and meaningful future for EU constitutionalism? This collection explores this question in light of recent challenges to EU constitutional law; namely the pandemic and the political schisms emerging across the European Union. The contributors explore the question through the prism of the five main pillars of EU constitutionalism: the constitutional values, the EU formal constitutional framework, its substance consisting of the EU political and economic constitution, and conclude by looking at the foundational concept of sovereignty (national and European) in a global realm. Drawing on expertise from both 'old' and 'new' Europe, it gives voice to the most fundamental question facing the Union in its second half century"--

Intro -- Acknowledgements -- Contents -- Introduction -- 1. The Emergence and Growth of Transnational Law -- I. Reaching beyond the Exclusive Statist Focus in EU Law -- II. The Concept of Transnational Law -- III. The Challenges of Transnational Law -- 2. The Theory of Principled Legal Pluralism -- I. A New Theory for a New Legal Polycentricity -- II. From Pluralism to Legal Pluralism -- III. The Theory of Principled Legal Pluralism -- IV. The Advantages of a Theory of Principled Legal Pluralism -- 3. A Pluralist Conception of the EU -- I. Introduction -- II. The Many Conceptions of the EU -- III. The Union in an Historical Perspective -- IV. The EU as a Union -- 4. Transnational Law and the Rule of Law in the EU -- I. Introduction -- II. The Rule of Law in the EU -- III. The Erosion of the Rule of Law under Transnational Law -- IV. Upholding the Rule of Law in the EU under Transnational Law -- V. Improving the Rule of Law in the EU-International Law Relationship -- 5. Transnational Law and Democracy in the EU -- I. Introduction -- II. On the Concept of Democracy -- III. Democracy in the EU -- IV. The Pre-emption of National Democracy in the EU -- V. The Pre-emption of Supranational Democracy -- VI. Assessment from the Perspective of Principled Legal Pluralism -- 6. EU Law, Transnational Law and Human Rights Protection: The Case of Privacy -- I. Introduction -- II. The Right to Privacy between Lex Sportiva and EU Law -- III. The Right to Privacy between Lex Informatica and EU Law -- IV. The EU's Relationship to Lex Sportiva and Lex Informatica Compared -- V. Assessment from the Perspective of Principled Legal Pluralism -- 7. Justice, the EU and Transnational Law -- I. Introduction -- II. Specificities of Justice in the EU -- III. Three Examples of Injustice under Transnational Law -- IV. Principled Legal Pluralism and Justice.

"The judgment of the European Court of Justice concerning the Kadi case has raised substantive and procedural issues that have caught the attention of scholars from many disciplines including EU law, constitutional law, international law and jurisprudence. This book offers a comprehensive view of the Kadi case, and explores specific issues that are anticipated to resonate beyond the immediate case from which they derive. The first part of the volume sets out an analysis of the new judgment of the Court, favouring a "contextual" reading of what is the latest link in a judicial chain. The following three parts offer interdisciplinary accounts of the decision of the European Court of Justice, including legal theory, constitutional law, and international law. The book closes with an epilogue by Ernst-Ulrich Petersmann, who studies the role of the Kadi case in the methodology of international law and its contribution to the concept of global justice. The book brings together legal scholars from a range of fields, and discusses pressing topics such as the European Union's objective of 'the strict observance and the development of international law', the EU as a site of global governance, constitutional pluralism and the protections of fundamental rights"--

This article argues that, despite the negative historical experience, nothing in the nature of constitutionalism as a concept stands in the way of the European Union (EU) eventually adopting a constitution, and so turning its tacit and silent constitutionalism into an explicit project. Furthermore, the past crises of European integration, which have been left in suspense rather than resolved, make the case for explicit constitutionalisation of the EU even stronger today. However, for this case to succeed, the EU should not repeat the old constitutional mistakes, in particular by eschewing its constitutive reliance on the statist, and hence monist, American constitutional experience. While it is thus by no means certain that constitutionalism is a normatively and empirically viable alternative for shaping the future of the EU, and while this cannot be known until it is tried, the article concludes that there are good reasons for which a refined, pluralist constitutional imaginary could succeed in reconstituting the EU with all of its legal, democratic, political and federalist conceptual novelties.

Stimulated by the European Commission's White Paper on the Future of Europe, this article engages critically with the Commission's five scenarios. Driven by a normative ambition of equipping the EU with adequate constitutional, institutional and socio-political means for coping with its many crises, the article argues in favour of the reformist vision of the EU's future. It claims that a new constitutional process for European integration should be launched. On its basis the EU would be reconstituted as a union, a special federal constitutional form, embedded in the normative spirit of pluralism. The article presents the arguments in favour of such a scenario and flashes out the reasons for which the many constitutional actors in the EU, as well as the latter as a whole, could benefit from it. It concludes that in the following few months there might emerge a historical window of opportunity for a qualitative reformist leap in the process of European integration. While the way back to the glorious days of the nation state is effectively closed off and the present status quo in the EU is plainly unsustainable, the article sketches a theoretical framework for the reformed European Union of tomorrow.

The following contains a transcript of the workshop, which was held in June 2015 at the Graduate School of Government and European Studies in Ljubljana, Slovenia. The workshop marked the final stage of Dr. Avbelj's research project, supported by the Slovenian Research Agency, which was dedicated to the Post-modern challenges of transnational law to the European Union. The workshop gathered four leading scholars in the field of transnational and global legal studies: Jose-Manuel Barreto, Mattias Kumm, Gianluigi Palombella and Neil Walker. They have touched on the contemporary most pressing issues of transnational and global legal regulation.